In any case in which an award of benefits creates obligations on
the part of an operator or insurer that may be enforced under the
provisions of this subpart, such obligations may also be enforced, in
the discretion of the Secretary or district director, as follows:
(a) In a case in which the operator is a sole proprietorship or
partnership, against any person who owned, or was a partner in, such
operator during any period commencing on or after the date on which the
miner was last employed by the operator;
(b) In a case in which the operator is a corporation that failed to
secure its liability for benefits in accordance with section 423 of the
Act and Sec. 726.4, and the operator has not secured its liability for
the claim in accordance with Sec. 725.606, against any person who
served as the president, secretary, or treasurer of such corporation
during any period commencing on or after the date on which the miner
was last employed by the operator;
(c) In a case in which the operator is no longer capable of
assuming its liability for the payment of benefits (Sec. 725.494(e)),
against any operator which became a successor operator with respect to
the liable operator (Sec. 725.492) after the date on which the claim
was filed, beginning with the most recent such successor operator;
(d) In a case in which the operator is no longer capable of
assuming its liability for the payment of benefits (Sec. 725.494(e)),
and such operator was a subsidiary of a parent company or a product of
a joint venture, or was substantially owned or controlled by another
business entity, against such parent entity, any member of such joint
venture, or such controlling business entity; or
(e) Against any other person who has assumed or succeeded to the
obligations of the operator or insurer by operation of any state or
federal law, or by any other means.
